Gary Sandberg appeals residency ruling

Wednesday

Dec 19, 2012 at 12:01 AMDec 19, 2012 at 6:02 PM

At-large City Councilman Gary Sandberg has appealed the ruling that removed him from the 1st District primary ballot to a Peoria County judge.

In a motion filed Tuesday, attorney Rob Hanauer claims the Peoria Board of Election Commissioners has improperly applied residency requirements to Sandberg's case and is using rules that apply in Chicago but not Peoria.

Matt Buedel

At-large City Councilman Gary Sandberg has appealed the ruling that removed him from the 1st District primary ballot to a Peoria County judge.

In a motion filed Tuesday, attorney Rob Hanauer claims the Peoria Board of Election Commissioners has improperly applied residency requirements to Sandberg's case and is using rules that apply in Chicago but not Peoria.

The issue involves forms of government and the rules for each as defined in the candidate's guide for 2013 as published by the State Board of Elections, Hanauer said.

The document dictates that anyone campaigning to be an alderman in the alderman-mayor or president-trustee form of government - like that in place in Chicago - must reside in their ward for at least one year preceding the election.

The rules for a council-manager form of government - like that in place in Peoria - however, require a candidate for any office to live in the municipality for only one year before the election.

"Our argument is there's not that type of legal authority (given to the election commissioners) to make that type of jump," Hanauer said.

Sandberg's filing on the ballot was challenged on residency grounds before the Peoria Board of Election Commissioners by 1st District candidates Randall Emert and Denise Moore.

The commission ruled Sandberg had not lived in the 1st District long enough - one year - to be on the Feb. 26 primary ballot.

The filing in Peoria County Circuit Court asks the court to order the Peoria Board of Election Commissioners not to print any primary ballots until a decision is rendered.

Respondents have 35 days to enter their appearance after being served with notice of the suit. A hearing before the primary date was not immediately scheduled.

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Matt Buedel can be reached at 686-3154 or mbuedel@pjstar.com. Follow him on Twitter @JournoBuedel.